CHAP. 23 Section 10, chapter 98, R. S., amended. Officer shall take bond. -in double value of goods. Chapter 23. An Act to amend Section ten of Chapter ninety-eight of the Revised Be it enacted by the Senate and House of Representatives in Amend section ten of chapter ninety-eight of the revised statutes by inserting after the word "sureties" in the third line the words 'or a surety company authorized to do business in this state;' also by inserting after the word "sureties" in the fifth line the words 'or surety company,' so that said section as amended, shall read as follows: 'Section 10. Before serving the writ, the officer shall take from the plaintiff, or some one in his behalf, a bond to the defendant, with sufficient sureties or a surety company authorized to do business in this state, in double the value of the goods to be replevied, conditioned as in the prescribed form of the writ, to be returned with the writ to the court from which the writ issued, for the use of the defendant, and new sureties or surety company may be required thereof as provided in section three.' Approved February 28, 1905. Section 4, chapter 88, R. S., amended. Service on trustee binds all goods of principal defendant. -service on one member of firm, sufficient. -proviso. Chapter 24. An Act to amend Section four of Chapter eighty-eight of the Revised Be it enacted by the Senate and House of Representatives in Section four of chapter eighty-eight of the revised statutes is hereby amended by striking out the word "the" before "place" in the seventh line and inserting in place thereof the word 'any,' so that said section as amended, shall read as follows: 'Section 4. A like service on the trustee binds all goods, effects or credits of the principal defendant entrusted to and deposited in his possession, to respond to the final judgment in the action, as when attached by ordinary process. When a partnership is made a trustee in a trustee suit, service upon one member of the firm shall be a sufficient attachment of the property of the principal defendant in the possession of the firm, provided, that such service be made at any place of business of the firm, or that legal service be afterward made upon the other members of the firm.' Approved February 28, 1905. CHAP. 25 Chapter 25. An Act to amend Section nine of Chapter eighty-one of the Revised Be it enacted by the Senate and House of Representatives in Section I. Section nine of chapter eighty-one of the revised statutes is hereby amended by inserting after the word "deputy" in the first line thereof the words 'of either sex,' so that said. section as amended, shall read as follows: Section 9, chapter 81, R. S., amended. Clerk may appoint a deputy. deputy shall be sworn and shall give bond. 'Section 9. Any clerk may appoint a deputy of either sex to be paid out of the clerk's salary, for all whose official acts the clerk is responsible. Before entering upon his official duties, such deputy shall be sworn and give bond to the clerk, approved by the county commissioners and lodged in the office of the county treasurer, in the sum of eight thousand dollars, with two or more sureties, conditioned that said deputy will faithfully perform all the duties required of clerks of courts. Whenever the clerk is unable to perform the duties of his office, said deputy duties. shall have all the powers and perform all the duties of clerk, and be subject to the same penalties for any neglect thereof.' Section 2. This act shall take effect when approved. Approved February 28, 1905. -powers and Chapter 26. An Act amending Section seventy-six of Chapter nine of the Revised Be it enacted by the Senate and House of Representatives in Section seventy-six of chapter nine of the revised statutes is hereby amended by inserting after the word "proper" in the third line thereof the following: 'If after two years from the date of assessment a collector is satisfied that a poll tax or tax upon personal property, or any portion of said tax, committed to him or to any of his predecessors in office for collection, cannot be collected by reason of the death, absence, poverty, insolvency, bankruptcy, or other inability of the person assessed to pay, he shall notify the assessors thereof in writing, under oath, stating the reason why such tax cannot be collected. The assessors, after due inquiry, may abate such tax or any part thereof, and shall certify such abatement in writing to the collector; and said certificate shall discharge the collector from СНАР. 27 Assessors may make abatement within two years. -collector shall give notice if tax cannot be collected. further obligation to collect the tax so abated,' so that said section when amended, shall read as follows: 'Section 76. The assessors for the time being, on written application, stating the grounds therefor, within two years from the assessment, may make such reasonable abatement as they think proper. If after two years from the date of assessment a collector is satisfied that a poll tax or tax upon personal property, or any portion of said tax, committed to him or to any of his predecessors in office for collection, cannot be collected by reason of the death, absence, poverty, insolvency, bankruptcy, or other inability of the person assessed to pay, he shall notify the assessors thereof in writing, under oath, stating the reason why such tax cannot be collected. The assessors, after due inquiry, may abate such tax or any part thereof, and shall certify such abatement in writing to the collector; and said certificate shall discharge the collector from further obligation to collect the tax so abated. They shall keep in suitable book form, a record of such abatements, with the reasons for each, and report -shall report the same to the town at its annual meeting, and to the mayor and aldermen of cities, by the first Monday in each March.' -shall keep record. to town. Approved February 28, 1905. Purchaser shall pay for land within twenty days after sale. Deed shall set forth the prior sale, amount bid, and that purchaser Chapter 27. An Act in addition to Chapter ten of the Revised Statutes, relating to the sale of Land for Taxes. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. If the purchaser of land sold for taxes under section seventy-six of chapter ten of the revised statutes fails to pay the collector within twenty days after the sale the amount bid by him, the sale shall be void, and the city or town in which such sale was made shall be deemed to be the purchaser of the land so sold, the same as if purchased by some one in behalf of the city or town under section eighty-five of said chapter ten. Section 2. If a city or town becomes a purchaser under the preceding section, the deed to it shall set forth the fact that a sale was duly made, the amount bid for the land included in failed to pay. said deed and that the purchaser failed to pay the amount bid within twenty days after the sale; and the said deed shall confer upon said city or town the same rights and duties as if it had been the purchaser under section eighty-five of said chapter ten. Section 3. This act shall take effect when approved. Approved February 28, 1905. CHAP. 28 Chapter 28. An Act additional to Chapter forty-nine of the Revised Statutes, defining Fraternal Beneficiary Associations doing business in eighteen hundred and eighty-nine. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Chapter forty-nine of the revised statutes is Chapter 49, hereby amended by adding thereto the following section. R. S., amended. beneficiary doing February 28, -to include those doing business through subordinate supreme or 'Section 158. Fraternal beneficiary associations transacting Fraternal business in this state on the twenty-eighth day of February, organizations eighteen hundred and eighty-nine, as herein defined and named business in section one hundred and forty-two of this chapter, shall be 1889. construed to include those so transacting business through their supreme bodies, or by a subordinate body, or by one affiliated therewith or rendering allegiance thereto, or by an organization embracing a portion of the territory of any such association and at that time or subsequent thereto contributing to its funds, or by one using its ritualistic work and calling its members by the same general name; and no change since that time or hereafter, in the internal divisions or operations of any such association, or its relations with subordinate bodies, shall deprive it of the power to so transact business through its supreme body and subordinate and affiliated divisions or agents.' orders. proceedings Section 2. All proceedings heretofore taken in accordance Prior with the foregoing construction of said section one hundred confirmed forty-two are hereby confirmed and legalized. Section 3. This act shall take effect when approved. Approved February 28, 1905. and legalized. Chapter 29. An Act to provide for the protection of Trees and Shrubs from the introduction and ravages of dangerous insects and diseases. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. All nurseries or places where trees, shrubs, vines and plants are grown or offered for sale, shall be inspected at least once a year by a competent entomologist to be employed by the commissioner of agriculture; and if no dangerous insects or diseases are found a certificate to that effect shall be issued by the said commissioner of agriculture; said certificate shall contain also the name of the entomologist and the date when said examination is made. Nurseries to be inspected annually. CHAP. 29 -entomologist shall report in writing. -owner shall be notified by commissioner of agriculture. Nursery stock shipped into state shall be inspected. -stock not inspected to be returned to consignor. -proviso. Transporta tion companies shall not transport uninspected stock. -penalty. Duties of commissioner of agriculture. The entomologist employed for this purpose shall report in writing immediately the results of his examination. Any proprietor or owner of nurseries or places where trees, shrubs, vines and plants are found to be infected with dangerous insects or diseases shall be notified of the same by the commissioner of agriculture at once; such proprietor, owner or his agents are hereby prohibited selling or offering for sale such trees, shrubs or plants, unless the same have been fumigated or otherwise treated under the direction of the commissioner of agriculture, and such trees, shrubs or plants shall bear a certificate of the same. Any violation of this requirement shall be fined not more than fifty dollars for each and every offense. Section 2. All nursery stock shipped into this state from any other state, country or province shall bear on each box or package a certificate that the contents of said box or package have been investigated by a duly authorized inspecting officer, and that said contents appear to be free from all dangerous insects or diseases. In case nursery stock is brought into the state without such a certificate the consignee shall return it to the consignor at the expense of the latter; provided, however, that any box or package bearing a certificate of fumigation, which shall be an affidavit made before a justice of the peace, that all stock sold by the consignor has been fumigated in a manner approved by the state nursery inspector of the state from which said nursery stock is shipped, the same may be accepted as though bearing a proper certificate of inspection. Section 3. Any transportation company that shall bring into this state any nursery stock such as trees, shrubs, vines, cuttings or buds, and any transportation company, owner or owners of nursery stock, or persons selling nursery stock as thus defined, who shall transport such stock or cause it to be transported within the state, the same not having attached to each box or package an unexpired official certificate of inspection or an affidavit of fumigation which shall meet the requirements specified in section one of this act, shall be guilty of a misdemeanor, and on conviction thereof be subject to a fine not exceeding one hundred dollars for each offense. Section 4. It shall be the duty of the commissioner of agriculture to make full investigation of any locality when the presence of the brown-tail or gypsy moths or other injurious. insects or plant diseases may be suspected. Should any person in the state suspect the presence of the brown-tail, the gypsy moth, the San Jose scale or other injurious insects or diseases preying upon trees, shrubs or vines in his possession or within |